McKinney v. Ryan, No. 09–99018.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtKOZINSKI
Citation745 F.3d 963
PartiesJames Erin McKINNEY, Petitioner–Appellant, v. Charles L. RYAN, Respondent–Appellee.
Decision Date12 March 2014
Docket NumberNo. 09–99018.

745 F.3d 963

James Erin McKINNEY, Petitioner–Appellant,
v.
Charles L. RYAN, Respondent–Appellee.

No. 09–99018.

United States Court of Appeals,
Ninth Circuit.

March 12, 2014.


Ivan K. Mathew, Susan T. Mathew, Esquire, Mathew and Associates, Phoenix, AZ, for Petitioner–Appellant.

Jon Anderson, Esquire, Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Respondent–Appellee.


ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35–3. The three judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judges Silverman, Murguia and Hurwitz did not participate in the deliberations or vote in this case.

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7 practice notes
  • Hedlund v. Ryan, No. 09–99019.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 24, 2014
    ...omitted); see also McKinney v. Ryan, 730 F.3d 903, 921–22 (9th Cir.2013) (Wardlaw, J., dissenting), vacated and reh'g en banc granted,745 F.3d 963 (9th Cir.2014). The last reasoned state court decision addressing Hedlund's Eddings claim is the Arizona Supreme Court's decision on direct appe......
  • McKinney v. Ryan, No. 09–99018.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • December 29, 2015
    ...McKinney v. Ryan, 730 F.3d 903 (9th Cir.2013). We granted rehearing en banc and withdrew our three-judge panel opinion. McKinney v. Ryan, 745 F.3d 963 (9th Cir.2014). In his federal habeas petition, McKinney challenges both his conviction and sentence. We agree with the decision of the thre......
  • Estate of Saunders v. Comm'r, No. 12–70323.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 12, 2014
    ...in the amount of the Claim's settlement value.8CONCLUSION The Claim at issue in this case was disputed at the date of the decedent's [745 F.3d 963]death, and its estimated value as of that date was not ascertainable with reasonable certainty. Under these circumstances, the tax court properl......
  • Johnson v. Shinn, No. CV-18-02864-PHX-SHR (EJM)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • August 17, 2020
    ...its discretion when it failed to review the complete psychological report for a mitigated sentence, in violation of McKinney v. Ryan, 745 F.3d 963 (9th Cir. 2014). Id. at 4. Petitioner also alleged that his trial counsel was ineffective and convinced Petitioner to sign a plea agreement that......
  • Request a trial to view additional results
7 cases
  • Hedlund v. Ryan, No. 09–99019.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 24, 2014
    ...omitted); see also McKinney v. Ryan, 730 F.3d 903, 921–22 (9th Cir.2013) (Wardlaw, J., dissenting), vacated and reh'g en banc granted,745 F.3d 963 (9th Cir.2014). The last reasoned state court decision addressing Hedlund's Eddings claim is the Arizona Supreme Court's decision on direct appe......
  • McKinney v. Ryan, No. 09–99018.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • December 29, 2015
    ...McKinney v. Ryan, 730 F.3d 903 (9th Cir.2013). We granted rehearing en banc and withdrew our three-judge panel opinion. McKinney v. Ryan, 745 F.3d 963 (9th Cir.2014). In his federal habeas petition, McKinney challenges both his conviction and sentence. We agree with the decision of the thre......
  • Estate of Saunders v. Comm'r, No. 12–70323.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 12, 2014
    ...in the amount of the Claim's settlement value.8CONCLUSION The Claim at issue in this case was disputed at the date of the decedent's [745 F.3d 963]death, and its estimated value as of that date was not ascertainable with reasonable certainty. Under these circumstances, the tax court properl......
  • Johnson v. Shinn, No. CV-18-02864-PHX-SHR (EJM)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • August 17, 2020
    ...its discretion when it failed to review the complete psychological report for a mitigated sentence, in violation of McKinney v. Ryan, 745 F.3d 963 (9th Cir. 2014). Id. at 4. Petitioner also alleged that his trial counsel was ineffective and convinced Petitioner to sign a plea agreement that......
  • Request a trial to view additional results

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